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In recent years, evidence has accumulated to indicate that Federal mandatory minimum sentencing statutes have not been effective; this report compiles research and U.S. district court cases to contrast the efficacy of mandatory minimum statutes versus sentencing guidelines.

Abstract:

Critics of mandatory sentences contend that because the statutes are written broadly, many minor offenders are affected who pose no danger to society and who can be adequately punished with shorter sentences. The greatest effect of mandatory sentences is through their incorporation into sentencing guidelines, although this effect is indirect, and distinguishing effects of mandatory minimums from those of sentencing guidelines is highly problematic. The authors note that mandatory sentences are not applied uniformly, they transfer discretion from neutral judges to adversarial prosecutors, they have a disparate impact on nonwhite offenders, they create anomalies in sentencing law, and they hamper sentencing reform. The use of sentencing guidelines is recommended over mandatory sentences in order to consider the salient offense and offender characteristics. Costs of mandatory sentences are examined in terms of prison space and construction, and the achievement of sentencing goals through mandatory sentences is considered. A statistical appendix contains a profile of offenders convicted under mandatory minimum sentencing statutes in fiscal year 1992. 81 footnotes, 4 tables, and 7 figures

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